A Poinciana man has been cleared of a manslaughter charge in a May shooting after a judge found he acted in self-defense, but he still faces unrelated child sex charges.
Jovaniel Andres Lopez-Marrero, 21, was charged in the death of Micah Gabriel Mebane, 35, who was shot near Cypress Parkway and Doverplum Avenue on May 15.
According to a defense motion filed by public defender Steven Parton to dismiss manslaughter charges, the incident began when a fight broke out on Cypress Parkway. Although Lopez-Marrero was not involved in the initial altercation, the motion states he intervened after Mebane joined the fight and began physically overpowering bystanders, including a juvenile and a young woman. Mebane allegedly knocked both to the ground before also pushing Lopez-Marrero down. The defense said Lopez-Marrero attempted to retreat, but Mebane continued to pursue him.
After issuing verbal warnings to stop, Lopez-Marrero drew a firearm and warned Mebane again, according to the motion. When Mebane allegedly continued advancing in an aggressive manner, Lopez-Marrero fired a single shot.
When deputies arrived at the scene, they recovered a knife near Mebane’s body. Lopez-Marrero remained at the location, cooperated with law enforcement and voluntarily turned over the secured firearm.
Parton argued in the motion that Lopez-Marrero was not engaged in any criminal activity at the time, was in a place where he had a legal right to be and used force only after retreating and warning the victim multiple times. The court agreed, finding that Lopez-Marrero was entitled to immunity under Florida Statutes and dismissed the manslaughter charge.
Florida’s Stand Your Ground law allows individuals to use deadly force without a duty to retreat if they reasonably believe it is necessary to prevent death or serious harm. Parton offered no statement when reached for comment, and attempts to reach the state attorney’s office and Mebane’s family were unsuccessful.
Although cleared in the shooting, Lopez-Marrero still faces child sex charges filed after a search of his phone during the shooting investigation. Deputies reportedly found images of the suspect engaged in sexual activity with a 16-year-old girl.
He faces multiple felony counts, including possession of a sexual performance by a child, transmission of child pornography, transmission of harmful material to a minor and unlawful use of a two-way communication device.